Thursday, June 26, 2008

Via SCOTUSblog, 5-4, with Breyer, Stevens, Souter and Ginsburg dissenting. I figured as much a while back. Kudos to Justice Kennedy for swinging to the right and proper side on this one. Opinion hasn't been posted yet, but we'll soon see just how right the justices got it...

Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications,e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27,35–36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.

Unorganized Militia Propaganda Corps

About Me

I am a very opinionated guy, Texan and quite proud of it. I lean toward the right politically but have a few libertarian tendencies that my conservative brothers and sisters might not agree with. I like guns, old country music and a lot of other things.

Essential Reading

False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils, except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes. Can it be supposed that those who have the courage to violate the most sacred laws of humanity, the most important of the code, will respect the less important and arbitrary ones, which can be violated with ease and impunity, and which, if strictly obeyed, would put an end to personal liberty -- so dear to men, so dear to the enlightened legislator -- and subject innocent persons to all the vexations that the guilty alone ought to suffer? Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.-- Cesare Beccaria, in On Crimes And Punishments, later quoted by Thomas Jefferson

Echo

The best we can hope for concerning the people at large is that they be properly armed.-- Alexander Hamilton